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HomeMy Public PortalAbout1983-0292 � � a Member_ !, 11 /4 1 Ke / ,5 � 't moved its adoption: introduced the following resolution and CITY OF .MEDINA RESOLUTION NO. 45. - 02 9 RESOLUTION GRANTING A VARIANCE TO WILLIAM NUNN - CAREY RADTKE TO ALLOW FOR REMODELING AND ADDITION TO THE BUILDING AT 2825 WILLOW DRIVE. WHEREAS, William Nunn and Carey Radtke, husband and wife, have applied for a variance to the provisions of the Medina Zoning Ordinance §407 to construct an addition to the existing_ building at 2825 Willow Drive; and WHEREAS, a variance to the provisions of Medina Zoning Ordinance §407 is required for construction of said addition; and WHEREAS, said addition is found to be necessary to correct drainage problems associated with the present building site and for the construction of additional bathroom facilities in the building; and WHEREAS, the drainage problems associated with the land impose undue hardship to the property owners in the use of this property; NOW, THEREFORE, BE IT RESOI.,VED, by the City Council of the City of Medina, that a variance to the provisions of the Medina Zoning Ordinance S407 is hereby granted subject to the following terms and conditions; (1) Said addition to the barn shall be constructed in accordance with plans submitted to the City of Medina on property legally described as: That part of the South 660 feet of the East 991 feet of the Southeast Quarter of the Northeast Quarter of Section 16, Township 118 North, Range 23 West of the Fifth Principal Meridian, lying West of the following described line: Beginning at a point on the East line of said Southeast Quarter of the Northeast Quarter distant 895 feet North from the Southeast Corner of said Southeast Quarter of the Northeast Quarter; thence South along said East line a distance of 100 feet; thence along a tangential curve to the right having a radius of 575 feet and central angle of 38 degrees 20 minutes a distance 384.70 feet; thence Southwesterly tangent to said curve to the South line of said Southeast Quarter of the Northeast Quarter and there ending. (2) A bond, in the amount of $ , shall be forwarded to the City to guarantee removal of demolition debris and other construction materials and the construction of bathroom facilities. .(3) All demolition,debris and other construction materials shall be removed from the premises within thirty days of the date of completion of the construction. (4) William Nunn and Carey Radtke will enter into the Development Contract attached hereto, said Development Contract to govern the terms and conditions of the construction. (5) The operators shall comply with all provisions of the Medina Zoning Ordinance. Dated: ATTEST: a /4, /q83 Donna Roehl, Clerk The motion for the adoption of the/ foregoing resolution was duly seconded by member te; ffec d 5 &,re.,.' and upon vote being taken thereon, the llpwinqivoted in favor thereof; andcr60a, Sc_bc.re.r', IF i5e4, , Ne_ ,'eat a_ .71 _ n, C Jo by, and the following voted against same: o r+ e Whereupon said resolution was declared duly passed and adopted. CITY OF MEDINA IIENNEPIN COUNTY, MINNESOTA DEVELOPMENT CONTRACT THIS AGREEMENT, made this day of , 19 , between the City of Medina, Hennepin County, Minnesota, acting by and through its City Council, herein called the "City" and William Nunn and Carey Radtke herein called the "Developer". PROJECT: The Developer, in consideration of the City approving the following project: Construction of addition to existing barn, construction of parking area and driveway, and construction of bathroom facilities at 2825 Willow Drive in the City of Medina in'accordance with plans submitted and the City Council Minutes of , 19 , agrees to furnish all labor, materials and equipment and per orm all of the work under this contract. It is agreed that all work shall be done in accordance with the plans which are on file in the Office of the City Clerk in accordance with the Minutes of the City Council Meeting dated 19 , which are hereby made a part of this Agreement. The Developer further agrees that any roads, parking lots, and site improvements shall be built in accordance with the specifications as determined by the City Engineer. PERFORMANCE: The Developer agrees that the work shall be done and performed in the best and most workmanlike manner; and all materials and labor shall be in strict conformity with respect to the plans and specifications and ordinances for the above described project and shall be subject to the inspection and the approval of the City or a duly authorized Engineer of the City, and in case any material or labor supplied shall be rejected by the City or Engineer as defective or unsuitable, then such rejected material shall be removed and replaced with approved material and the rejected labor shall be done anew to the satisfaction and approval of the City or Engineer and at the cost and expense of the Developer. The Devel- oper further agrees that he will commence work hereunder on or before , 19 , and will have all the work done and the improvements fully completed to the satisfaction and approval of the City Council on or before 19 . It is further agreed that upon receipt of written notice from the Developer of the existence of causes over which the Developer has no control which will delay the completion of the work, the City Council, in its discretion, may extend the date hereinbefore specified for completion. SPECIAL CONDITIONS: It is distinctly understood and agreed that all work covered by contract shall be done at no expense to the City, except as provided in the Special Conditions attached hereto and made a part hereof by reference. Except for work specified under the Special Conditions, any work or materials which may be done or furnished by the Contractor shall be at his own risk, cost and expense, and he hereby agrees that he will make no claim for compensation for work or materials so done or. furnished. HOLD HARMLESS: It is further agreed, anything to the contrary herein notwithstanding, that the City, the City Council, its agents or employees shall not be personally liable or responsible in any manner to the Developer, the Developer's Contractor or Subcontractors, material men, laborers, or to any other person or persons whomsoever, for any claim, demand, damages, actions or causes of action of any kind or character arising out of or by reason of the execution of this agreement or performance and completion of the work and the improvements provided herein, and that the Developer will save the City harmless from all such claims, demands, damages, actions or causes of action or the costs, disbursements and expenses of defending the same, including attorneys fees, engineering fees, or other technical or profes- sional assistance, including the work of City Staff and employees. BOND: It is further agreed that the Developer will furnish the City, upon execution of this contract, a corporate surety bond in the amount of and also shall furnish proof of insurance covering any public liability or property damage by reason of the operation of the Developer's Equipment, laborers and hazard caused by said improve- ment. Said bond shall be conditioned upon the full performance of this contract by the Developer. On failure of the Developer to perform, the City may declare the contract to be in default and the amount of said bond shall be paid over to the City. In the event that the City deems it necessary to foreclose the bond as a result of the Developer's failure to perform this contract, the City shall be reimbursed, from the proceeds of the said bond, for any attorneys fees, engineering fees, or other technical or pro- fessional assistance, including the work of the City staff and employees, and the remainder thereof shall be used by the City to complete the contract, to the extent possible therewith. ADMINISTRATIVE COSTS: The Developer agrees that prior to the issuance of building permits, the City Clerk shall collect from the Developer the City's Administrative Costs in the amount of $ covering the City's out-of-pocket expenses in processing this project. SIGNATURES FOR DEVELOPER: SIGNATURES FOR THE CITY OF MED, MINN Mayor Clerk -2-